History: P.A. 98-28 effective July 1, 1998; P.A. 05-227 added requirement for Department of Public Utility Control
to complete an investigation, changed the deadline for adopting regulations from January 1, 1999, to July 1, 2006, reworded
language re performance standards and their applicability, deleted carbon monoxide and mercury from list of limited air
pollutants, and deleted provision that made effectiveness of standards contingent on other states.

(b) No person shall, from July 8, 2005, to the effective date of regulations promulgated by the United States Environmental Protection Agency to regulate outdoor wood-burning furnaces, construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless (1) the outdoor wood-burning furnace was constructed, installed, established, modified, operated or in use prior to July 8, 2005, or (2) the outdoor
wood-burning furnace complies with the following:

(A) Installation of the outdoor wood-burning furnace is not less than two hundred
feet from the nearest residence not serviced by the outdoor wood-burning furnace;

(B) Installation of the chimney of the outdoor wood-burning furnace is at a height
that is more than the height of the roof peaks of the residences that are located within five
hundred feet of the outdoor wood-burning furnace, which residences are not serviced by
the outdoor wood-burning furnace, provided the chimney height is not more than fifty-five feet;

(C) No other materials are burned in the outdoor wood-burning furnace other than
wood that has not been chemically treated; and

(D) Installation and operation of the outdoor wood-burning furnace is in accordance
with the manufacturer's written instructions, provided such instructions do not conflict
with the provisions of this section.

(c) The provisions of this section shall be enforced by the Commissioner of Environmental Protection and may be enforced by the municipality affected by the operation
or potential operation of an outdoor wood-burning furnace.

(d) Any person who operates an outdoor wood-burning furnace in violation of this
section shall be deemed to have committed an infraction and shall be fined not more
than ninety dollars. Each day of operation of such outdoor wood-burning furnace in
violation of this section shall be a separate violation.

(b) If the commissioner finds that (1) a violation of a regulation or the terms or
conditions of a permit issued pursuant to section 22a-174 exists and (2) the person
alleged to be committing such violation has received written notification of two violations in the preceding one-year period, the commissioner shall require an emission test
of the air contaminant source at the expense of the source. If the results of such test
indicate noncompliance with a regulation or the terms or conditions of a permit, the
commissioner shall issue an order requiring pollution abatement.

(c) Unless such person files a written answer thereto within thirty days after the
date of service and requests a hearing thereon before the commissioner, an order issued
pursuant to this section shall be final and not subject to appeal to the commissioner.
Upon receipt of such request, the commissioner shall grant a hearing as soon thereafter
as is practicable. The testimony at the hearing shall be under oath and recorded stenographically or by a sound-re:CHY:cording device, but the parties shall not be bound by the
strict rules of evidence in courts of law at such hearing. True copies of the transcript
and of any other record made of or at such hearing shall be furnished to the respondent
at his request and at his expense.

(d) After the hearing, the commissioner shall consider all the evidence and affirm,
modify or revoke the order in his discretion. By agreement of the commissioner and the
person or persons subject to the order, the commissioner may, after the hearing or at
any time after the issuance of the order, modify such order or extend the time for compliance set forth in the order, and any such modification or extension by agreement shall
be deemed to be a revision of the order and shall not constitute a new order. There shall
be no hearing subsequent to, or any appeal from, any modification or extension by
agreement.

(e) Whenever the commissioner issues an order to any person to correct a violation
and such person is not the owner of the land at which the violation occurred or exists,
the commissioner may issue an order to the owner of such land to correct such violation.
Such an order shall be sent by certified mail, return receipt requested, to the owner at
his last-known post-office address, with a notice that such order shall be filed on the
land records in which the land is located. Any owner to whom such an order is issued
shall have all the rights and privileges provided by this chapter and section 4-183 and
shall be subject to section 22a-182a.

(f) If the commissioner issues an order under this chapter to two or more persons,
including a landowner and the person causing the pollution or creating or maintaining
the potential air pollution source, each such person shall be jointly and severally liable.

(g) When an order issued by the commissioner to any person pursuant to this chapter
becomes final, except for an order to create or use emission reduction credits, the respondent to such order shall file a certified copy or notice of the final order on the land
records in the town where the subject property is located, and such certified copy or
notice shall constitute a notice to the owner's heirs, successors and assigns. Notwithstanding the provisions of this subsection, where the respondent to a final order does
not own the subject property, the commissioner shall record notice of such order on the
land records in the town where the subject property is located. When the order has been
fully complied with or revoked, the commissioner shall issue a certificate showing such
compliance or revocation, which certificate the recipient of such certificate shall record
on the land records in the town wherein the order was previously recorded. Notwithstanding the provisions of this subsection, where the recipient of such certificate does
not own the subject property, the commissioner shall record such certificate on the land
records in the town where the subject property is located. A person filing a notice, a
final order or a certificate pursuant to this subsection shall submit to the commissioner
a certified copy of the filing indicating the volume and page number upon which the
notice, final order or certificate is filed.

(h) If the commissioner has reasonable cause to believe, based on department investigation, test data or other credible information, that any person has violated or is about
to violate any provision of this chapter, or any regulation, order, or permit adopted or
issued thereunder, he may issue an order to such person to investigate, by monitoring,
production of records, or any other means, the source of air pollution. Such order may
also require that if the investigation determines there is or has been a violation of any
provision of this chapter, or any regulation, order, or permit adopted or issued thereunder,
the respondent shall correct such violation. An order issued under this subsection shall
be subject to subsections (a) to (f), inclusive, of this section.

History: 1969 act required that order specify nature of violation in Subsec. (a) and added provision in Subsec. (b) re
request for hearing and required that such request be a condition precedent to taking appeal; 1971 act replaced "commission",
i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection; 1972 act excluded violations specified in Sec. 19-508a; P.A. 73-537 deleted clause which limited issuance of order to cases where conference,
conciliation etc. failed to remedy violations and deleted exclusion for violations specified in Sec. 19-508a; P.A. 75-160
allowed notification "by certified mail with return receipt requested" in Subsec. (a); P.A. 77-44 added Subsec. (c); Sec.
19-514 transferred to Sec. 22a-178 in 1983; P.A. 87-338 amended Subsec. (a) to apply provisions to violations of the terms
or conditions of a permit and to make issuance of an order discretionary rather than mandatory and amended Subsec. (b)
to make orders final unless a written answer is filed to the order within thirty days, deleting requirement that request for
a hearing is precedent to taking appeal under Sec. 22a-182; P.A. 90-150 inserted new Subsec. (b) re requiring emission
test if source has two violations in the preceding one-year period, made technical change in Subsec. (c), and relettered the
remaining Subsecs.; P.A. 90-247 amended Subsec. (a) to apply provisions to violations of this chapter and violations of
an order, deleted the provision allowing a person to request a hearing upon an order concerning plans and specifications,
added Subsec. (c) re modification of orders and extensions of time, Subsec. (d) re the issuance of orders to owners of the
land at which the violation occurred, Subsec. (e) re joint and several liability and Subsec. (g) re orders to potential violators,
and relettered Subsec. (c) as Subsec. (f); P.A. 99-225 amended Subsec. (g) to provide that final orders issued under this
section shall be recorded by the commissioner on land records; P.A. 00-99 replaced reference to sheriff with state marshal
in Subsec. (a), effective December 1, 2000; P.A. 04-151 amended Subsec. (g) to require the respondent, rather than the
commissioner, to file order, to add exception for an order to create or use emission reduction credits, to require the recipient,
rather than the commissioner, to file certificate, to add provisions re where the respondent and recipient do not own the
subject property, and to add requirement re submission of a certified copy, effective May 21, 2004; P.A. 05-288 made a
technical change in Subsec. (g), effective July 13, 2005.

(1) "Direct emissions" means emissions from sources that are owned or operated,
in whole or in part, by an entity or facility, including, but not limited to, emissions from
factory stacks, manufacturing processes and vents, and company owned or leased motor
vehicles;

(2) "Entity" means a person, as defined in section 22a-2, that owns or operates, in
whole or in part, a source of greenhouse gas emissions from a generator of electricity
or a commercial or industrial site, which source may include, but not be limited to, a
transportation fleet;

(3) "Facility" means a building, structure or installation located on any one or more
contiguous or adjacent properties of an entity;

(4) "Greenhouse gas" means any chemical or physical substance that is emitted
into the air and that the Commissioner of Environmental Protection may reasonably
anticipate will cause or contribute to climate change, including, but not limited to, carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride;

(5) "Indirect emissions" means emissions associated with the consumption of purchased electricity, steam and heating or cooling by an entity or facility.

(b) Not later than January 1, 2005, the Governor's Steering Committee on Climate
Change, established in November 2002, shall develop a multisector, comprehensive
climate change action plan, with the opportunity for public comment, which plan shall
contain the policies and programs necessary to achieve the state's goals for the reduction
of greenhouse gas emissions by 2010 and 2020. The steering committee shall notify
each member of the General Assembly of the development of such plan and of such
opportunity for public comment. Not later than January 1, 2005, the steering committee
shall submit, in accordance with section 11-4a, such plan to the joint standing committees
of the General Assembly having cognizance of matters relating to the environment,
energy, transportation and commerce. Not later than January 15, 2005, such committees
shall convene a joint informational public hearing for the purpose of reviewing such
plan. Not later than February 1, 2005, such committees shall meet for the purpose of
consideration of endorsement of such plan. Not later than February 15, 2005, the steering
committee shall submit a final plan to such committees.

(c) Not later than January 1, 2008, the steering committee shall develop an amended
climate change action plan, with the opportunity for public comment, for achieving the
state's contribution towards reaching the long-term regional goal established pursuant
to subsection (a) of this section. The steering committee shall submit, in accordance
with section 11-4a, such plan to the joint standing committee of the General Assembly
having cognizance of matters relating to the environment.

(d) Not later than December 1, 2005, and annually thereafter, the Commissioner
of Environmental Protection, in collaboration with the commissioners of other state
agencies and the steering committee, shall submit a report to the joint standing committee
of the General Assembly having cognizance of matters relating to the environment on
the progress made in achieving the goals established in subsection (a) of this section and
to evaluate the appropriateness of the climate change action plans developed pursuant to
subsections (b) and (c) of this section in achieving such goals.

(b) Not later than April 15, 2006, and annually thereafter, the owner or operator of
any facility that is required to report air emissions data to the Department of Environmental Protection pursuant to Title V of the federal Clean Air Act and that has stationary
emissions sources that emit greenhouse gases shall report to the regional registry direct
stack emissions of greenhouse gases from such sources. The owner or operator shall
report all greenhouse gas emissions in a type and format that the regional registry can
accommodate.

(c) The commissioner shall consider, on an annual basis, requiring the expansion
of reporting to the regional greenhouse gas registry to include, but not be limited to,
other facilities or sectors, greenhouse gases, or direct and indirect emissions. A decision
for or against an expansion of reporting and an explanation of such decision shall be
included in the annual report required pursuant to subsection (d) of section 22a-200a.

(d) Not later than July 1, 2006, the commissioner shall provide for the voluntary
reporting of emissions of greenhouse gas to the regional greenhouse gas registry by
entities and facilities that are not required to submit information pursuant to subsections
(b) and (c) of this section but which do so on a voluntary basis. The greenhouse gas
emissions reported shall be of a type and format that the regional greenhouse gas registry
can accommodate.

(e) If a regional greenhouse gas registry is not developed and implemented by April
15, 2007, the commissioner shall evaluate the feasibility of establishing and administering a state-wide greenhouse gas registry for the collection of emissions data pursuant
to subsections (b) and (c) of this section. If a regional greenhouse gas registry is developed after the commissioner establishes a state-wide greenhouse gas registry, the reporting requirements in subsections (b) and (c) of this section shall revert to the regional
greenhouse gas registry in accordance with said subsections (b) and (c).

(f) Not later than July 1, 2006, and triennially thereafter, the commissioner shall
publish a state greenhouse gas emissions inventory that includes comprehensive estimates of the quantity of greenhouse gas emissions in the state for the last three years in
which data is available.

(g) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to implement the provisions of this section. Nothing in section 4a-67h, 22a-200, 22a-200a or this section shall limit a state agency from adopting any regulation
within its authority in accordance with the provisions of chapter 54.